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5th Circ. Won't Rehear Ruling On DR Horton Class Waiver Ban

The Fifth Circuit on Wednesday shot down a rehearing request from the National Labor Relation Board in its suit with homebuilder D.R. Horton Inc., preserving the court’s finding that arbitration agreements barring employees from pursuing class or collective claims do not violate federal labor law.

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  • ALI Principles Of Insurance Should Concern Industry

    Randy J. Maniloff

    Insurer consternation at the American Law Institute’s Principles of the Law of Liability Insurance should be greatest for those — with which they disagree — that address issues with little or no existing law. In the absence of case law, the principles may be an attractive option for courts to cite in cases of first impression, which is where they are likely to have their greatest impact, says Randy Maniloff of White and Williams LLP.

  • Stop And Read Your Slowdown Insurance Policy

    Allen R. Wolff

    Insurance should cover income loss not only when operations are completely shuttered, but also when your business is partially suspended — a distinction important to hotel owners and operators, with services more likely to operate on a reduced level after a loss. Today, some policies affirmatively state the extent of business slowdown coverage to avoid court decisions that narrowly interpret coverage extended under older policy forms, say Allen Wolff and Vianny Pichardo of Anderson Kill PC.

  • Calif.'s Prevailing Wage Law Will Punish The Noncompliant

    Jeremy C. Wooden

    California’s prevailing wage law may not be the oldest in the country, but the state's may be the most complex, evolving and litigated. The penalties for contractors and subcontractors who fail to comply with California's law have grown costlier — noncompliance risks up to a three-year ban on the bidding of public works projects in the state, says Jeremy Wooden of Foley & Lardner LLP.

  • Antitrust Guidance On Cybersecurity Reaffirms Old Approach

    Jamillia Ferris

    While the antitrust agencies’ recent policy statement on cybersecurity information-sharing is consistent with prior guidance, it is significant. It is not likely that cybersecurity legislation will become law any time soon, and this statement responds to industry’s concerns by clearly establishing that properly designed and executed cyberthreat information-sharing does not raise antitrust concerns, say Jamillia Padua Ferris and Paul Tiao of Hunton & Williams LLP.

  • Considerations Before Appointing A Bankruptcy Trustee

    Excerpt from Lexis Practice Advisor
    Ilan D. Scharf

    The rights, powers and duties of the bankruptcy trustee should be as broad as possible in order to allow the trustee flexibility to operate and address various issues as they arise. While a trust agreement may simply state that a trustee is authorized to carry out the objectives of the trust and implement the terms of the plan, the better practice is to both provide a broad grant of authority and to also identify specific duties, says Ilan Scharf of Pachulski Stang Ziehl & Jones LLP.

  • The 6 Most Important Changes To The Russian Pledge Rules

    Alexey Kukharev

    Among the most significant changes being made to the Russian Civil Code is the introduction of the security trustee concept, which will strengthen syndicated lending and asset-backed security structures involving Russian collateral, and will bring the Russian legal system into harmony with the most developed legal systems in the world in this area, says Alexey Kukharev of Orrick Herrington & Sutcliffe LLP.

  • How To Manage Compliance Risks In Reshoring Manufacturing

    Gregory Husisian

    By some measures, more than a third of U.S. businesses are planning to reshore manufacturing in the United States. Despite receiving presidential endorsements, however, these efforts to bolster U.S. manufacturing are creating unexpected regulatory issues for U.S. manufacturers. Export controls are chief among them, says Gregory Husisian of Foley & Lardner LLP.

  • What Will Gov't Seek To Prove In Rajaratnam Brother Case?

    Michele Adelman

    More courts than not have found that the government bears the burden of proving that a remote tippee knew that the tipper received some form of personal benefit, so the inevitable question is whether the government will reverse course and seek to prove that Rajarengan Rajaratnam knew that his brother Raj's tippers received a personal benefit, rather than running the risk of having a reversal of any conviction of Rajarengan, says Michele Adelman of Foley Hoag LLP.

  • Proving Harm In Trademark Cases Post-Herb Reed

    Beth Goldman

    The Ninth Circuit's recent decision in Herb Reed Enterprises LLC v. Florida Entertainment Management Inc. has shifted the balance against plaintiffs seeking a preliminary injunction in the trademark context to be in line with the trend in patent cases. The party seeking an injunction must proffer some evidence of irreparable harm, and can no longer rely on the presumption, say Beth Goldman and Daniel Justice of Orrick Herrington & Sutcliffe LLP.

  • A New Dimension In IP Law: 3-D Printing

    George Lewis

    The new world of 3-D printing raises many new and old questions about how to use intellectual property as part of a business model. Utility patents, copyrights, design patents and trade dress offer relevant, adaptable protection options, and each has its own set of pros, cons and considerations, say Paige Stradley and George Lewis of Merchant & Gould.